Terms of Service

Welcome to Montiago Visual Studios (“Montiago,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, digital platforms, and any other services we provide (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, do not use our Services.

1. Eligibility#

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use our Services. If you are under 18, you represent that you have obtained parental or guardian consent.

2. Use of Services#

You agree to use the Services lawfully and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations

• Use the Services for any fraudulent or unauthorized purpose

• Interfere with or disrupt the Services or servers

• Attempt to access non-public areas or data

• Upload or distribute viruses, malware, or other harmful code

We reserve the right to suspend or terminate access to any user who violates these Terms.

3. User Accounts#

To access certain features, you may be required to register an account. You agree to:

• Provide accurate, current, and complete information

• Maintain the confidentiality of your credentials

• Be responsible for all activity under your account

We are not liable for any loss or damage arising from unauthorized access to your account.

4. Payments and Billing#

Certain Services may involve payment. All transactions are processed through secure third-party payment processors including Stripe, PayPal, CashApp, and Apple Pay. You agree to:

• Pay all applicable fees in U.S. dollars

• Provide accurate billing and payment information

• Authorize us and our partners to charge your selected payment method

All sales are final unless otherwise stated. If a payment is disputed or reversed, we reserve the right to suspend access until resolved.

5. Intellectual Property#

All content provided through our Services — including text, graphics, logos, images, video, software, and branding — is the intellectual property of Montiago or its licensors, and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or license any part of our Services without our prior written consent.

6. User Content#

You may submit or upload content (e.g., comments, messages, files) through the Services. By doing so, you:

• Grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content solely for operating and improving the Services

• Represent that you own or have the necessary rights to grant this license

• Agree not to submit content that is unlawful, offensive, defamatory, or infringing

We reserve the right to remove or restrict access to content at our discretion.

7. Mobile Applications#

Our mobile apps may require access to device features (e.g., camera, microphone, storage, location). You can control permissions through your device settings. Use of the apps is subject to these Terms, and may also be governed by third-party app store policies (e.g., Apple App Store, Google Play Store).

We may collect app usage statistics and crash data to improve performance and functionality.

8. SMS and Email Communications#

By providing your contact information, you consent to receive SMS messages and emails from us regarding updates, promotions, and account-related matters. You may opt out by replying “STOP” to SMS or using the unsubscribe link in any email.

Carrier charges may apply.

9. Third-Party Services#

Our Services may integrate with or link to third-party platforms (e.g., payment gateways, analytics providers). We are not responsible for the content, functionality, or privacy practices of these third parties. Your interactions with third-party services are governed by their respective terms and policies.

10. Disclaimers#

Our Services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that the Services will be uninterrupted, error-free, secure, or meet your expectations.

To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability#

To the fullest extent permitted by law, Montiago and its affiliates will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Services, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.

Our total liability to you for any claim shall not exceed the amount you paid us in the twelve (12) months prior to the event giving rise to the claim.

12. Indemnification#

You agree to indemnify and hold harmless Montiago, its officers, employees, and partners from any claims, liabilities, damages, and expenses (including legal fees) arising from your use of the Services or violation of these Terms.

13. Governing Law and Dispute Resolution#

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Mecklenburg County, North Carolina. You consent to the jurisdiction and venue of these courts.

14. Changes to These Terms#

We may update these Terms periodically. We will post the updated version with a new effective date on our website. Your continued use of the Services constitutes acceptance of the revised Terms.

15. Contact Information#

If you have questions about these Terms, please contact us:

Montiago Visual Studios https://www.montiagovisualstudios.com/ privacy@montiagovisualstudios.com (980) 338-5030